Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 34117 (KAR)

MOHAN N v. STATE OF KARNATAKA

WP/25023/2026 · 2026-08-12

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010548002026 NC: 2026:KHC:42644 WP No. 25023 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION No. 25023 OF 2026 (GM-POLICE) BETWEEN: 1. MOHAN N., S/O NARAYANASWAMY, AGED ABOUT 32 YEARS, R/AT DALASANURU VILLAGE, SRINIVASAPURA TALUK, KOLAR DISTRICT, KOLAR-563 135. …PETITIONER (BY SRI M. R. CHINNASWAMY MANOHAR, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE SUPERINTENDENT OF POLICE AND SPECIAL EXECUTIVE MAGISTRATE KOLAR DISTRICT, KOLAR-563 101. 3. THE DEPUTY SUPERINTENDENT OF POLICE, MULABAGILU SUB-DIVISION, KOLAR DISTRICT, KOLAR-563 131. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010548002026 NC: 2026:KHC:42644 WP No. 25023 of 2026 4. POLICE INSPECTOR/ STATION HOUSE OFFICER SRINIVASAPURA POLICE STATION SRINIVASAPURA-563 135 …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE ORDER OF EXTERNMENT, ISSUED AGAINST THE PETITIONER VIDE ORDER No./GADIPARU/MAG/10/2026 DATED 21/07/2026, ISSUED BY THE RESPONDENT No.2/THE SUPERINTENDENT OF POLICE AND SPECIAL EXECUTIVE MAGISTRATE, KOLAR DISTRICT, KOLAR, FROM EXTERNING THE PETITIONER FROM KOLAR DISTRICT, POLICE JURISDICTION TO BIDAR DISTRICT, BHALKI CITY P.S JURISDICTION, FROM 21/07/2026 TO 20/07/2027, FOR A PERIOD OF 1 YEAR, AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent Nos.1 to 4. 2. Petitioner is before this Court seeking for the following reliefs: "i) Issue a writ of certiorari and quash the Order of Externment, issued against the petitioner vide order No./Gadiparu/MAG/10/2026 dated 21/07/2026, issued by the respondent no.2/the Superintendent of Police and Special Executive Magistrate, Kolar District, Kolar, from externing the petitioner from Kolar District, Police - 3 - HC-KAR CNR: KAHC010548002026 NC: 2026:KHC:42644 WP No. 25023 of 2026 Jurisdiction to Bidar District, Bhalki City P.S Jurisdiction, from 21/07/2026 To 20/07/2027, for a period of 1 year, as per Annexure-A. ii) Issue writ of mandamus or such other appropriate writ or order directing the respondents not to interfere with the personal life and liberty of the petitioner unreasonably, more particularly without giving any written intimation. iii) Pass such other writ/s or order/s, which are deemed to be fit in the nature and circumstances of the case, in the interest of justice and equity." 3. What is challenged is the Externment Order passed under Section 55 of the Karnataka Police Act, 1963. 4. A perusal of the order indicates that the petitioner has been served with a notice as also has appeared before the Executive Magistrate and made a submission, which has been considered by respondent No.2 albeit to the detriment of the petitioner. The notice having been issued, the petitioner having been heard, the principles of natural justice have not been violated. The petitioner has a statutory remedy of appeal in terms of Section 59 of the Karnataka Police Act, 1963. Reserving liberty to the petitioner to approach the Appellate Authority under Section 59 of the Karnataka Police Act, 1963, the petition stands disposed of. - 4 - HC-KAR CNR: KAHC010548002026 NC: 2026:KHC:42644 WP No. 25023 of 2026 Respondents are directed not to take any coercive steps or execute the order dated 21.07.2026 at Annexure-A until the appeal is taken up for consideration. Sd/- (SURAJ GOVINDARAJ) JUDGE VBS List No.: 1 Sl No.: 15